33 U.S.C. § 3032 — Service credit as deck officer or junior en-

Page 936 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3032 § 3032. Service credit as deck officer or junior en- gineer for promotion purposes For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engi- neer. (Pub. L. 107–372, title II, § 232, Dec. 19, 2002, 116 Stat. 3088.) Editorial Notes CODIFICATION Provisions similar to this section are contained in section 854a of this title. § 3033. Suspension during war or emergency In time of emergency declared by the Presi- dent or by the Congress, and in time of war, the President is authorized, in the President’s dis- cretion, to suspend the operation of all or any part of the provisions of law pertaining to pro- motion of commissioned officers of the Adminis- tration. (Pub. L. 107–372, title II, § 233, Dec. 19, 2002, 116 Stat. 3088.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853i(b) of this title prior to repeal by Pub. L. 107–372. § 3034. Officer candidates (a) Determination of number The Secretary shall determine the number of appointments of officer candidates. (b) Appointment Appointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with re- spect to determining age limits, methods of se- lection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Adminis- tration, and all other matters affecting such ap- pointment. (c) Dismissal The Secretary may dismiss from the basic offi- cer training program of the Administration any officer candidate who, during the officer can- didate’s term as an officer candidate, the Sec- retary considers unsatisfactory in either aca- demics or conduct, or not adapted for a career in the commissioned officer corps of the Adminis- tration. Officer candidates shall be subject to rules governing discipline prescribed by the Di- rector of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d) Agreement (1) In general Each officer candidate shall sign an agree- ment with the Secretary in accordance with section 3006(a)(2) of this title regarding the of- ficer candidate’s term of service in the com- missioned officer corps of the Administration. (2) Elements An agreement signed by an officer candidate under paragraph (1) shall provide that the offi- cer candidate agrees to the following: (A) That the officer candidate will com- plete the course of instruction at the basic officer training program of the Administra- tion. (B) That upon graduation from such pro- gram, the officer candidate— (i) will accept an appointment, if ten- dered, as an officer; and (ii) will serve on active duty for at least four years immediately after such appoint- ment. (e) Regulations The Secretary shall prescribe regulations to carry out this section. Such regulations shall in- clude— (1) standards for determining what con- stitutes a breach of an agreement signed under subsection (d)(1); and (2) procedures for determining whether such a breach has occurred. (f) Repayment An officer candidate or former officer can- didate who does not fulfill the terms of the obli- gation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title. (Pub. L. 107–372, title II, § 234, as added Pub. L. 116–259, title III, § 305(a), Dec. 23, 2020, 134 Stat. 1172.) § 3035. Procurement of personnel The Secretary may take such measures as the Secretary determines necessary in order to ob- tain recruits for the commissioned officer corps of the Administration, including advertising. (Pub. L. 107–372, title II, § 235, as added Pub. L. 116–259, title III, § 306(a), Dec. 23, 2020, 134 Stat. 1174.) § 3036. Career flexibility to enhance retention of officers (a) Programs authorized The Secretary may carry out a program under which officers may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. (b) Period of inactivation from active duty; effect of inactivation (1) In general The period of inactivation from active duty under a program under this section of an offi- cer participating in the program shall be such period as the Secretary shall specify in the agreement of the officer under subsection (c), except that such period may not exceed three years. (2) Exclusion from retirement Any period of participation of an officer in a program under this section shall not count to- ward eligibility for retirement or computation of retired pay under subchapter III.